The Newcastle climate action group Rising Tide scrambled a snap protest at Nobbys Beach on Saturday morning in response to the state government on Friday night declaring a wholesale exclusion zone around the Port of Newcastle during the activist group's planned harbour blockade next week.
Transport for NSW has reportedly told the group that no unauthorised vessels or people will be allowed into the exclusion zone, which takes in Kooragang Island, Stockton and Horseshoe beaches on both sides of the harbour, Nobbys Beach, and a wide berth of open water surrounding the harbour mouth stretching as far as Newcastle Beach, from November 21 to November 25, taking in the group's planned "protestival".
The event was expected to repeat last year's harbour blockade, and this year includes a roster of high-profile music acts and events, including Midnight Oil frontman Peter Garrett, who is expected to perform an acoustic set at the event at Camp Shortland with the band's guitarist, Martin Rotsey.
Rising Tide organiser Zack Schofield slammed the move at Nobbys Beach on Saturday morning, November 16, backed by a small group of Rising Tide members who rallied the impromptu action as a state tactic to block the group's legal right to protest.
"They will be threatening anyone who gets in the water with fines up to $1100, across Thursday to Monday next week, which covers the people's blockade," Mr Schofield said. "This is a clear case of Sydney politicians trying to come in and bully and intimidate Newcastle locals for using our own beaches in opposition to a climate protest."
"We are fighting for the Hunter. We are fighting for safe and clean jobs and funding for Hunter workers to transition to the economies of tomorrow."
Rising Tide say they were informed of the state's move on Friday night, November 15, around 7.20pm, which warns that Police and Maritime vessels would be patrolling the area to exclude any unauthorised entry, according to the Maritime Safety Act 1998. Commercial vessels in the service of the port's operations were exempted from the exclusion, and other vessels would be directed in specific transit lanes according to police instruction, the order says.
"The regulation is meant to support community events: yacht races, boat races, swims," Mr Schofield said. "They're using this to try to undermine a peaceful protest action. It is a complete government overreach from a Premier who was scared of families and kids splashing around in the beach just off the port."
"It is absolutely not normal, and if the Premier can't stomach kids and families splashing on Horseshoe Beach, then he's not cut out for the job."
Rising Tide has been re-evaluating its plans to repeat last year's harbour blockade, which resulted in the arrests of over 100 protesters after the Supreme Court ruled earlier this month that it would not be issued with the same legal exemptions to protest that it was in 2023. While the group say they maintain the legal right to protest on public land and water, the exemptions from police move-on orders and entry into the shipping channel to block the port's operations have been revoked in 2024.
The most severe punishment for those arrested during last year's 30-hour blockade was a $400 fine, the court was told. The majority of protesters were not prosecuted.
The court ruled on Tuesday, November 5, in favour of NSW Police to have the protest planned for November 22 to 24 deemed an unauthorised assembly.
The People's Blockade at Newcastle Harbour was expected to bring thousands of people to the city, and hundreds would hit the water to block coal ships entering the port for more than 24 hours.
Details from the state's transport department say that the exclusion zone has been declared "due to the potential to affect the safety of navigation" in response to a "special event" to be held in the harbour.
"The zone will be patrolled by Police and Maritime control vessels. No unauthorised vessels or persons other than commercial vessels associated with port operations are permitted to enter the zone, and to do so may be an offence," the state says. "Vessel operators wishing to transit the exclusion zone may only do with the approval of Maritime or Police, and by using specified transit lanes."
A spokesperson for NSW Transport Minister Jo Haylen told AAP on Saturday that the right to protest must also be viewed alongside what was a reasonable impact on the community.
"We have already seen actions by protest groups that shut down passenger and freight services on the Hunter Line, putting rail workers, emergency services personnel and the protesters themselves in danger.
"The government does not want to see these same groups endangering maritime workers, police and themselves out on the water while the safe navigation of Newcastle Harbour is disrupted."
Still, on Saturday, Mr Schofield insisted that the event would go ahead, though he said the group was considering its options carefully.
"Look, we'll be considering our next move really carefully, but I think anyone with half a brain can see that this is a complete overreach," he said. "At the end of the day, we have a right to protest on public land and water, and we intend to exercise that right ... if the state government can't stomach that, then they have another thing coming."
Transport for NSW have been approached for comment.
The details of this report are developing. It will be updated.
